21363. Citizens Bank (Ogden, UT)

Bank Information

Episode Type: Suspension → Closure
Bank Type: state
Start Date: December 1, 1893*
Location: Ogden, Utah (41.223, -111.974)

Metadata

Model: gpt-5-mini
Short Digest: 16dfddf4

Response Measures

None

Description

The articles describe the Citizens' Bank of Ogden having made an assignment for the benefit of creditors (assignment in 1893 is mentioned), a receiver (J. C. Armstrong) being in possession, long litigation, and a court decree forfeiting the bank's charter and ordering dissolution/winding up. There is no description of a depositor run in the articles. Cause of suspension is voluntary assignment/insolvency and mismanagement (treated as voluntary_liquidation). Receiver references appear in 1896–1897. No evidence of reopening.

Events (3)

1. December 1, 1893* Suspension

Cause: Voluntary Liquidation
Cause Details: Bank made an assignment for the benefit of creditors (assignment in 1893) and ceased corporate functions; court found mismanagement and insolvency leading to forfeiture and winding up.
Newspaper Excerpt: the defendant bank made a deed of assignment of all its assets ... prior to the time of said ... it had so conducted its business through its officers that the stock and funds of said bank ... insolvent
Source: newspapers

2. April 19, 1896 Receivership

Newspaper Excerpt: J. C. Armstrong, the receiver of the Citizens' bank of Ogden. The suit is for the foreclosure of a mortgage ... Mary D. Smith filed suit against Robert Robinson as executor ... and J. C. Armstrong, the receiver of the Citizens' bank of Ogden.
Source: newspapers

3. May 2, 1897 Other

Newspaper Excerpt: The decree in this case may be entered in favor of the plaintiff and against the defendant for the forfeiture of all the rights, privileges and franchises and charter of the bank and for its dissolution to take effect when its affairs are wound up and for costs of court herein.
Source: newspapers

Newspaper Articles (9)

1. April 19, 1896 The Salt Lake Herald Salt Lake City, UT

Article from The Salt Lake Herald, April 19, 1896

Click image to open full size in new tab

Article Text

NEW JURORS ORDERED. Judge Rolapp made a long calendar setting of civil cases and motions yesterday, which is reserved for publication in detail in Monday's Herald. He also made an order providing for the selection of 200 jurors. The names will, according to the new law, be selected from the assessment roll alternately by the county clerk and assessor. Jurors must be able to read and write, and must have no disqualifying physical inabilities. Yesterday Mary D. Smith filed suit against Robert Robinson as executor of the will of the late Emma B. Robinson and Virgil & Holbrook, George C. Whitmore, Garrett O'Neill and J. C. Armstrong, the latter being the receiver of the Citizens' bank of Ogden. The suit is for the foreclosure of a mortgage for $2,000 given by Emma B. Robinson to secure a note. The others are made party defendants by reason of an alleged claim to the property. Harriet Manson yesterday began divorce proceedings from her husband Samuel Manson, alleging failure to provide as the grounds. The parties were married and resided in Huntsville.

2. January 11, 1897 Deseret Evening News Salt Lake City, UT

Article from Deseret Evening News, January 11, 1897

Click image to open full size in new tab

Article Text

THE SUPREME COURT. Beginning of the January Term by That Tribunal. TODAY. CASES OF SETTING The Applica Harry Haye for Writ of Habens Corpus Set For Tomor ow -Kessler's Case Again. The January term of the State Supreme court commenced this morning, with Chief Justice Zane presiding. Justices Bartch and Miner were also present. After attending to the following setting of cases an adjournmen was taken until tomorrow morning: State of Utah V Frank Merrill, Pat. sey Calvey, James Owens; passed. Mariah Tout et ai V Union Pacific Railway company, corporation, and Utah Northern, and Oregon Short Line Railway, a corp ration, appellant; passed. Chas, Hecht, appellant, V Joseph Metzler; January 15th. Silver King Mining company V Allinace Mising company, appellant; continued. Frank Hoffman and Henry Dan. halter, appeilants, V The South Galena Consoltuated Mining company; passed. The State Bank of Utah V BurtonGardner company et ai, appellants; February 1st. Orden City, a corporation, V Daniel Hamer, tax collector of Weber county; settled. Annie Johnston and William Johnston, appellante, V William Meagher et al, appellants; January 18. John R. Sawtelle, respondent, V The North American Savings, Loan and Building company, appeliant; January 21. Lee Gibson V Temple Short et al appellant; January 13, Charles D. White V V. H. Pease, Nat. M. Brigham and Jos. L. Kuss, appella to; February 1. J. C. Armstrong, receiver of the Citizens Bank of Ogden, appellant, V Cache Valley Land & Canal Co., a corporation et al; January 21. Charles Maynard, respondent, V Loco. motive Engineers' Life and accident Insurance association, appellant; January 21. William S. MeCornick V Henry Saddler, appeliant; January 13. Jacob Petrovitsky, appellant, V Nat. Brigham; January 22. William Handley, appellant, V The Dily Mining company; January 25. Martin Ensign, respondent, V Geo. W. Fisher et al, appellants; January 18. L. Johnson etal V Kate Tootle et al, appellants; January 15. David C. McLaughiin, receiver of the Park City bank, respondent, V T. F. Mulloy, appellant; January 18. John T. Snelson, appellant, V Fisher 8. Harris, administrator of the estate of Elbridge Tuft, deceased, and Jennie Tufts; January 19 In re estate of John D. Reese, de. ceased; dismissed. platoriff, V the Board of Fire and Police Commissioners of Salt Lake City, etc., delendant; January 20. Jno. H. Eccles, appellant, V Union Pacific Coal company et a; January 22. Andrew Anderson V The Daly Mining e mpany, appellant; January n 19. H. H. Henderson et al, appellants, V Louis B. Adams et al, respondents; January 25. Helen S. Bilsh et al, appellants, V W.S. McCornick ot al; January 12. Frank Thompson, etc., and Jos. R. Lane, etc., appellants, V M. J. Chees. man; January 12. Franz Jungk & F.J. Fabian, appelants, V L. Holbrook et a; passed. Nephi Irrigation company, appellants, V Sam'l T. Vickers, delendary passed. Eureka City V R. G. Wilson, Januars 19. 10 Eureka City V R. G. Wilson, Janu ary 19, Matter estate of George Handley, January 26. In the matter of the application of Harry Hayes for writ of habeas corpus, January 11. J. D. Hodgson V Union Pecific y Rallway Co., January 14. 18 THE KESSLER CASE AGAIN. Leave was given to file a typewritten abstract of briefs in the case of the State V Daniel Kessler, convicted of manslaughter, upon the application 01 Attorney Goodwin.

3. April 2, 1897 The Salt Lake Herald Salt Lake City, UT

Article from The Salt Lake Herald, April 2, 1897

Click image to open full size in new tab

Article Text

The supreme court yesterday handed down two opinions, both affirming the judgments of the courts below. In the case of John T. Snelson, appellant, vs. Fisher S. Harris, administrator of the estate of Elbridge Tufts, deceased, and Jennie Tufts, the opinion was written by Chief Justice Zane and concurred in by Justice Bartch and District Judge McCarty. The plaintiff recovered judgment against the late Elbridge Tufts, which was unsatisfied, and with a view to its collection the plaintiff filed a creditor's bill against Tufts and his wife to set aside certain deeds made by Tufts to his wife, conveying to her certain real and personal property. The court below found that $280 was due the plaintiff and ordered that Jennie Tufts' property should be subjected to its payment, unless she should pay the amount to plaintiff within 20 days, and the decree authorized her to pay it to the plaintiff and declared that such payment should satisfy the judgment, and that the conveyance sought to be set aside should be valid if such payment was made. It further appeared that Lizzie Snelson, the divorced wife of the plaintiff, had a decree against him for $505; that an execution issued thereon was in the hands of the sheriff, and that the sheriff attached the $280 which the defendant Tufts was required to pay the plaintiff and the same was paid to Mrs. Snelson. The court below held that that payment satisfied the decree, and the supreme court upheld that decision. ARMSTRONG VS. CACHE VALLEY LAND COMPANY. In the case of James C. Armstrong, receiver of the Citizens' bank of Ogden, appellant, vs. the Cache Valley Land and Canal company et al., the opinion affirming the judgment of the lower court was also written by Chief Justice Zane and concurred in by Justice Bartch and District Court Judge McCarty. The plaintiff sued to recover $10,000 on a promissory note and made Theodore Robison, R. H. Whipple and Corey Bros. additional defendants, on the allegation that they had guaranteed the payment of the note. The alleged guaranteers pleaded that their guarantee was without consideration, and the lower court entered judgment in favor of Robison, Whipple and Corey Bros. & Co. and against the principal defendant, the Cache Valley Land and Canal company, from which judgment the present appeal was taken by the plaintiff.

4. April 21, 1897 The Salt Lake Herald Salt Lake City, UT

Article from The Salt Lake Herald, April 21, 1897

Click image to open full size in new tab

Article Text

The Citizens' Bank Litigation. Judge Hart came down from Logan yesterday morning to hear evidence in the case of the state of Utah ex rel. Attorney-General Bishop vs. the Citizens' Bank of Ogden, and the case of Albert Sadd et al. VS. the same defendant. The former action is brought for the purpose of depriving the bank of its corporate powers. The hearing in the action of Sadd et al., is on a motion to discharge the receiver and to sell the property of the defendant. The latter action is one of long standing.

5. April 30, 1897 The Salt Lake Herald Salt Lake City, UT

Article from The Salt Lake Herald, April 30, 1897

Click image to open full size in new tab

Article Text

Court Matters. John R. Sawtelle, appellant, vs. North American Savings Loan & Building company, respondent; remittitur of supreme court reversing the cause and ordering modification of findings was filed. Robert Frost's Sons vs. Edwin L. Crocker et al.; demurrer of defendants submitted without argument and overruled; ten days' time given defendants to answer. J. H. Knous & Co. et al. vs. Ogden City Street Railway company; motion for a new trial argued and submitted. Anna M. Gilbert vs. Achilles Perrin et al.; by consent hearing was continued until May 11. Albert Ladd et al. vs. Citizens' bank of Ogden; hearing was had on objections of plaintiff to report of receiver. The compensation of the receiver was under discussion, his attorneys asking for $3,200.

6. May 2, 1897 The Salt Lake Herald Salt Lake City, UT

Article from The Salt Lake Herald, May 2, 1897

Click image to open full size in new tab

Article Text

ted Citizens Bank case. The as been pending for a numrs, and involves questions to attorneys as well as to Utah's best business men. is the decision in substance: Utah ex rel., A. C. Bishop, eneral, plaintiff, vs. The Bank of Ogden, a corporadant. Decision. roceeding by the attorneybehalf of the State of Utah e Citizens' Bank of Ogden, on, to dissolve the same and nd take from it its corporate vileges and franchises, it is the plaintiff that on Dec. e defendant bank made a eed of assignment of all C. its oth real and personal to for the benefit of its crediprior to the time of said it had SO conducted its ough its officers that the ck and funds of said bank ost to the bank and at said si insolvent and is still ind unable to carry out the its creation; and that the bank through its managers, esident and directors misfunds of the bank for the said officers and against the ( said bank and its stockdi creditors and that large made to persons without ecurity and that the bank tercised its corporate frannore than two years. asks leave to amend his to make it conform to the ed and stricken out, that of the bank had not given uired as plaintiff contends eral incorporation act. While is e contention of plaintiff at the banking incorporaoes not repeal by implicar as banks are concerned, of the general incorporation are not antagonistic to, and t with, the provisions of g act, yet I think the moend had better be denied. will be the same according N taken of the allegations W stand in the complaint of of the same by the evi1 be uced. no doubt from the eviadmissions that the defendas insolvent at the time of ent and at the present time was then and is now unable n a banking business. In efendant disclaims any indesire or ability to carry on business. In view of the he assignee has been suca receiver appointed by it is not easy to perceive tance or necessity to the proceeding of this kind, nor erest to the bank in SO resisting the proposed fore principal reason for the by both parties seems to the property now in the he receiver shall be turned he corporation to manage of, as the assignment probe done, or whether the resell the same and distribute to the shareholders of the The dissolution or not oration might effect somequestion. insolvency and assignment for the benefit of creditors, so facto work a dissolution oration and it is conceded ase that it is within the disther It should be declared ounds or not: but it is conthis discretion should not 1 against the bank for the the receiver appointed by si already engaged in windaffairs of the bank. fact of an assignment and might ordinarily be insuffioke the judicial discretion : a forfeiture of corporate especially where a receiver in winding up the corporate to since the state has seen

7. May 2, 1897 The Salt Lake Herald Salt Lake City, UT

Click image to open full size in new tab

Article Text

tions in which officers of the bank were interested as officers and stockholders, which were losses to defendant bank. The loan to the Cache Valley Land & Cattle company in the sum of $10,000 was an inexcusable affair of this kind, all its officers except one being officers of the bank. The loan by Theodore Robinson of some $3,000 without security about the time of the assignment was an affair of the same unjustifiable character. The court classes a number of other transactions as being irregularly and negligently conducted, and says now the facts of this last have been made public, a judgment denying forfeiture of the bank's charter would be taken as a judicial approval of such banking methods and the court should, for this reason if for.no other, exercise a judicial discretion and decree a forfeiture. The court states that although the directors were leading business men of Ogden and responsible, they made the mistake of trusting the bank's affairs almost entirely to one or two men. No directors have been elected since the assignment in 1893 and but one meeting has been held since that time, which he thinks would, of itself be ground for forfeiture. Taking into consideration other circumstances he says it was the (supposed) voluntary act of the bank that the business cease and the property be transferred to the assignee, subject to the control of the court. After speaking generally of the misuse of corporate powers the court says the defendant corporation has voluntarily divested itself of corporate capacity by mismanagement and assignment and has failed to fulfill the conditions upon which it received its charter; it in other words has failed to live up to the fundamental law of its being and is incapable of exercising its corporate functions. Then comes the decree, which is: The decree in this case may be entered in favor of the plaintiff and against the defendant for the forfeiture of all the rights, privileges and franchises and charter of the bank and for its dissolution to take effect when its affairs are wound up and for costs of court herein. As to the other two motions in the case of Albert Ladd et a!. vs. the same defendant and heard and submitted at the same time with the forgoing case, the motion of the plaintiff to require the receiver to dispose of the residue of the property at once at public sale may be denied. A forced sale now might result in a sacrifice of the property and the matter of a sale can safely be left to the discretion of the receiver, aided by the advice and suggestions of the interested stockholders. The motion on behalf of the defendant to discharge the present receiver and direct him to transfer the residue of the property to the defendant corporation may be denied without prejudice, to renew a motion at the time the objections by defendant to the report of the receiver is heard before Judge Rolapp. My own view being that at that time some one should be appointed or continued as receiver who will be agreeable to the largest number of stockholders, and who can cheaply manage, care for and dispose of the property now on hand, and after seeing that all the debts are paid, including the $15,000 now due and secured by mortgage, distribute the proceeds to the shareholders. In my opinion this will be preferable to turning the property over to the corporation. Both motions then may be overruled at the cost respectively of the moving parties. This practically disposes of the celebrated Citizens' bank case, which has been in litigation since 1893. One of the attorneys stated last night that at least $20,000 had been used up in costs and that where one of the depositors the bank had lost anything the capital stock origin- practically

8. June 4, 1897 The Salt Lake Herald Salt Lake City, UT

Article from The Salt Lake Herald, June 4, 1897

Click image to open full size in new tab

Article Text

# THE BANKS WIN. Two of Them Will Have Tax Money Refunded. Judge Rolapp yesterday announced his decision in the cases of the Utah Loan and Trust Bank and the Ogden State Bank vs. the county collector. These banks brought suit for taxes which they paid under protest, claiming illegalities by the board of equalization in raising them. The decision was in favor of the banks and the Utah Loan and Trust company will recover about $1,100, while the Ogden State bank gets about $500. All the banks paid their taxes under protest, but as only the two named began actions within the required six months, the hopes of the other banks to recover have gone glimmering. Richards & McMillan engineered the victory for the Loan & Trust Bank, and H. H. Henderson for the Ogden State bank. Judge Rolapp yesterday heard a phase of the case of Albert Ladd et al. vs. Citizen's Bank of Ogden. The matter came up on the objections to the receiver allowing the claims of Whipple and Johnson and Kimball & Kimball for representing the bank in various matters of litigation, including that just concluded. The matter was not concluded yesterday. The motion for a new trial in the case of J. H. Knouss & Co. vs. the Ogden City Street Railway company was taken under advisement.

9. August 19, 1897 The Salt Lake Herald Salt Lake City, UT

Article from The Salt Lake Herald, August 19, 1897

Click image to open full size in new tab

Article Text

OGDEN BUREAU. Business and Editorial Office 519 Utah Loan and Trust Building. Telephone 298. Ogden, August 19. # CITIZENS' BANK CASE. Griffin Forecloses on the Weber Land and Live Stock Co. Much of the time yesterday in the Second district court was taken up with the case of Eliza Warren et al. vs. Theodore Robinson et al. This is a continuation of the litigation arising out of the affairs of the Citizens' bank. The stockholders are suing the officers of the bank for the large sums of money alleged to have been sqaundered. The case came up on the demurrer of all the defendants except Theodore Robinson, Citizens' bank, and J. C. Armstrong, receiver. The demurrer was argued and taken under advisement. Detroit Heating & Lighting company vs. Sidney Stevens; motion of plaintiff to tax costs for a new trial taken under advisement. Alfred Griffin vs. Weber County Land & Live Stock company; judgment of foreclosure in the sum of $17,307.95. The foreclosed property is in Ogden valley. Giennesee County Savings bank vs. William G. Moyes et al.; motion of defendants to take cost bill from files taken under advisement; motion for a new trial overruled. John J. Greiner vs. Ogden City Street Railway company; counsel for plaintiff confessed demurrer as to defendants Rowe, Van Dam and Flygare, and declined to amend; action was dismissed as to them. L. W. Snow vs. Southern Pacific company; action dismissed. R. Kohn vs. O. J. Stillwell et al.: demurrer argued and taken under advise-ment. First National Bank of Ogden vs. James Wotherspoon et al.; demurrer of defendant Wotherspoon was ordered overruled and the defendants granted to and including Aug. 28 to answer.